PAUL AMOO GOTTFRED VS C. F. C. CONSTRUCTION CO.

Before Justice Emmanuel Amo Yartey (J), the 3rd Defendant/Applicant asked the Court to set aside an injunction order previously granted on March 29, 2022. The record showed the Applicant was not yet a party to the suit at the time the injunction was issued. Indeed, the Amended Writ of Summons that joined him as the 3rd Defendant was filed on October 31, 2022. Nevertheless, he had already filed the instant application on October 21, 2022, which was before his joinder. The Court observed that a person who is not a party cannot be affected by orders in a suit, and therefore cannot competently move to set aside such orders. Based on these procedural facts, the Court found the application to be incompetent and dismissed it. The ruling underscores the importance of party status and timing in seeking relief from orders of the court.